How to evict child from home

Legally Evict Your Adult Child in Colorado

You’re a good parent or at least you’ve tried to be. When your adult child needed a place to stay, you opened your door. You set aside your own comfort, only to watch your grown kid become lazy, inconsiderate, and more comfortable at your expense. You never wanted to kick out your own child, but now you’re considering it. Here’s what you should know about how to evict your adult child in Colorado.

Colorado law is clear that you can legally evict an adult child living in your home regardless if you ever required them to pay rent.  

• More Young Adults Are Moving Back Home
• How to Evict an Adult Child Who is a Tenant

Getting one’s own place in Colorado is expensive. It can be prohibitively so for those lacking stable financial resources. This is why many adults either return to their parents’ nest after a setback or never leave in the first place.

One in five young adults (18 to 35) in Colorado moved back in with their parents in 2021, according to a survey by Denver TV station KDVR. 

In Colorado, anyone who stays overnight with the permission of the homeowner could be considered a tenant. This can be established even if the stay only lasts a couple of days. 

Colorado has its own way of determining whether a person staying in your home is a trespasser or tenant. It is important to understand these distinctions before you evict your adult child.

• A trespasser/squatter enters or remains on property they do not own without the consent of the owner. This can include your adult child if they have stayed in your home when you do not intend for them to stay longer than a quick visit.

• A tenant lives on property they do not own but with the owner’s consent. A tenancy can be established by a written or verbal agreement with the homeowner or after remaining in the home for one or two nights. A tenancy at will is a tenancy without a predetermined duration for the tenancy. Either party can terminate this tenancy at any time.

If your adult child is not a tenant and refuses your requests to leave the home, then he or she is a trespasser. Theoretically, you could call the police and have your adult child forcibly removed from your home.  

Realistically, you might not get the help you’re looking for since police officers are often reluctant to get involved in this kind of situation unless there’s something illegal going on or someone’s in harm’s way. Why? Police do not want to aid in “self-help eviction.”

A self-help eviction occurs when a landlord or homeowner attempts to kick out a roommate tenant, romantic partner, or family member by barring their access to the home – or dumping the tenant’s possessions out on the sidewalk. This is illegal. Don’t do it.

Instead, it’s best to treat adult child evictions as tenant evictions. The process takes a little longer, but the procedure is clearly defined, and it will result in your troublesome adult child leaving your property one way or another.

An adult child living at home with their parents is considered a ‘tenant’ by Colorado law, even if they do not pay rent. Most parents allow an adult child to move back home – rent free – to help them overcome personal or financial setbacks. 

Some parents require their adult children to pay some rent once they move back into the home, but doing so does have its downside. While having your adult child pay some rent makes you less vulnerable to being taken for granted, it establishes a longer-term tenancy, and that will make eviction take longer and possibly cost you more money. 

Let’s take a look at the steps you can take to begin legally getting your adult kid out of your house.   

The eviction process must begin with you serving your child (the tenant) advance written notice asking them to leave. This is called a Notice to Quit. You should give them at least 21 days to move out, or no sooner than the end of the next business month, in most situations. In the case of an at-will tenancy, you need only give three days’ notice.

You also should list specific reasons for why you want your child out, whether it’s failure to pay rent or securing a place of their own by an established deadline. The reason could even be that the child simply wore out their welcome with inconsiderate or defiant behavior.

Make two copies of the written notice. Give one to your child (tenant) and keep the other for your records.

If your child tenant was paying rent, stop collecting rent money after the tenancy expires, which is the date posted on the Notice to Quit. This removes any legal defenses against the eviction. 

You gave your adult child 21 days to move out of your house. Three weeks have passed, and they’re still there, daring you to go through with the eviction. Now you must file a complaint with the local county court. An eviction attorney can help you form a rock-solid complaint, or you can download the form online. 

The complaint sets a firm deadline when your kid must vacate your house or face forced removal by court order. 

By this point, you’ve given your adult child every notice, warning, and opportunity to move out on their own. If they remain defiant, you can go to court and explain why your adult child should be removed from your property. 

At that hearing, you’ll provide the court with copies of all notices and other related paperwork to demonstrate you followed the legal process.

The court will then grant a Forcible Entry and Detainer (FED) order, which empowers law enforcement to show up at your home and remove the adult child from your property.  

You’ve probably already tried this. But before you take legal action, you may want to try once more.  A mutual agreement for your adult child to move out is preferable to initiating eviction proceedings that could do long-lasting harm to the relationship you have with your adult child.

Then again, if the current situation only causes you and your adult child to resent each other more each day, getting them out of your house sooner rather than later is probably the best. 

If you’re a Colorado parent having trouble getting your adult child to leave your home, our Evictions & Landlord Attorneys can help. Our experienced team has handled many cases like yours and can surely help you. Call 303-688-0944 to begin your free case assessment.

I Need My Adult Child to Move Out of My House: What Can I Do?

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I see these stories time and time again—adult children acting like spoiled brats and misbehaving in their own parents’ home. Whether it’s not wanting to clean up after themselves or, even worse, a drug addiction that’s going downhill and the child refusing help, the parents are living day in and day out with an unhealthy amount of stress and anxiety.

So you have “the talk” with your child and tell them they will have to find somewhere else to live because you are sick and tired of being sick and tired of them misbehaving. Back in the day, kids would just leave, tired of being nagged by their parents. Nowadays, your child may respond, “I have rights.” Or after you have locked your child out of the house, a police officer might come to your door and say, “You have to let your child back in and get an attorney since they are an occupant of the property.”

You look stunned. My child hasn’t paid a dime in rent, you say, eating up all my food and not taking care of the house. Yet they have rights? You don’t know what to do.

Unfortunately, if your child has stayed at the property for two weeks, 30 days, or three years, and if you have allowed them to stay at your home and live there, even without paying rent, you cannot forcefully remove your child from your home without first going to court and starting an eviction process. If you and your child did not have an agreement to pay rent or have an agreement to the specific terms of the stay, that child has established what we call a “tenancy at will” in your home.

In a tenancy at will, your child can stay in your home for an unspecified period of time without paying any money. The only way to legally start the eviction process on a child with a tenancy at will is to give him or her a 30-day notice to vacate (60-day notice if the child has been in your home more than one year) and wait the 30 or 60 days after you gave notice to allow your child to leave.

If your child refuses to leave your home within the time to vacate, you will have to go to court and start an eviction (known as an “unlawful detainer”) and get a court order to forcefully remove your child from your home. Gone are the days where you could throw your child’s stuff out of the house and tell them to “scram.”

If you are going through this situation right now, you should get legal counsel right away. Taking the wrong type of action such as “encouraging” your child to leave by removing his or her belongings from your home or something similar could lead to a lawsuit, and a court order could allow your child to return to your home. There could also be other penalties. It is very stressful dealing with this type of situation, so get the legal help you need ASAP if you are going through this situation. You will want to end up on the right side of the law.

Attorney Robert M. Wells is the principal attorney of The Law Office of Robert M. Wells, which is currently based in Vallejo, California which provides high quality legal services for Business, Estate Planning, Landlord, and Real Estate related matters. The Law Office of Robert M. Wells presently serves clients in Contra Costa, Napa, and Solano Counties, and the following cities: Vallejo, Benicia, Fairfield, Vacaville, Rio Vista, American Canyon, Napa, Antioch, Bay Point, Pittsburg, Concord, Pleasant Hill, Walnut Creek, Danville, Lafayette, Orinda, Martinez, Richmond, and El Cerrito.

Is it possible to evict a minor child from an apartment

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The question of whether minor children can be evicted from apartment is resolved depending on the right on which the apartment belongs to the parents, whether they are members of the owner's or tenant's family, the availability of other housing and the grounds for maintaining the children's right to use the residential premises. As a general rule, the place of residence of minor children is the place of residence of the parents.

Thus, minor children cannot be evicted, as they have the right to live in their parents' apartment until they reach the age of majority. At the same time, minor children lose the right to use the living quarters with their parents, after which they can be evicted. It is possible to evict minor children only with the consent of the guardianship and guardianship authorities, providing them with other equivalent housing.

How to evict an ex-wife with a minor child?

It is possible to evict an ex-wife with minor children if they have ceased to be members of the family of the owner of the apartment. Since the owner's natural children cannot become former family members, this rule applies only to the ex-wife's children from another marriage. Minor children cannot be evicted if the right to use the apartment is reserved for them on the basis of an agreement or a court decision. For example, if the right of residence of children is a condition of the marriage contract or the child of the ex-wife is adopted by the owner of the apartment and the adoption is not canceled, or the ex-wife does not have the opportunity to provide the child with other living quarters. However, even in these cases, it is possible to evict the ex-wife with minor children from the apartment, providing them with other housing.

How to evict minor children from an apartment through the court?

If the parents of the child do not have the right to own the apartment or they do not retain the right to use the apartment, the owner has the right to evict the minor children together with their parents. Before applying to the court, the parents (parent) are sent a pre-trial request for eviction from the apartment. The specified requirement is handed over to the parents against signature or sent by registered mail with a description of the attachment and a notification of receipt. A copy of the eviction request and mailing documents must be attached to the claim.

In the event that the parents did not voluntarily move out, the owner files a claim with the district (city) court at the location of the apartment for recognition as having lost the right to use the apartment and eviction. The statement of claim must indicate the name, full name and address of the parties, the grounds for the claim, the circumstances of non-fulfillment of the requirement for eviction and deregistration, as well as a request to recognize the person as having lost the right to use the apartment. The statement of claim is accompanied by a receipt of the state duty, a copy of the demand for eviction and a postal notice of delivery with a description of the attachment, documents on the termination of the right to use the apartment, as well as evidence of sending or serving the defendant with a copy of the claim and attached documents.

The case on the eviction of minor children from the apartment is considered within two months with the participation of guardianship and guardianship authorities. After the court satisfies the claims and the entry into force of the court decision, you must contact the registration authorities of the Ministry of Internal Affairs of Russia and the Bailiff Service at the location of the apartment. You can write out minor children at the registration authority of the Ministry of Internal Affairs of Russia. Bailiffs will forcibly evict parents and minor children.

Remember! To clarify the question how to evict a minor child from the owner's apartment , you will need good knowledge of family, housing and civil law, as well as experience in the litigation. Before you discharge minor children from an apartment in a judicial proceeding, we recommend that you contact an experienced lawyer or lawyer. A preliminary legal consultation will help you figure out whether it is possible to discharge an ex-wife with minor children in a particular situation.

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How to get a child out of an apartment: complete instructions

Alisa Markina

lawyer

As a rule, the child is discharged from the apartment by the parents when moving. In general, it is simple and fast. But if the apartment was sold, but the children were not discharged, then the new owners will have to go to court to sort it out. Then the issue of registration, which is usually resolved in a week, will take several months.

I will tell you how to discharge a child according to the law, what problems there may be and at what stages additional approvals are needed, which will complicate the discharge procedure.

Important: if a person of any age registers at a new address, then you do not need to register separately from the previous one. The Ministry of Internal Affairs will do this automatically. For example, if the family moved to another city, then no one needs to return to check out from the old apartment: it is enough to register at the new place of residence.

p. 31 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713

Therefore, almost the entire article is devoted to situations where the child needs to be discharged from the apartment, and the issue of registration at a new address has not yet been resolved.

What you will learn

• What laws regulate the discharge of a child
• Can a minor child be discharged from an apartment
• Who has the right to discharge a child
• Where to apply for discharge
• How to discharge a child from a private apartment
• How to discharge a child from a municipal apartment
• When it comes to court
• In what cases the court will not do anything
• Divorce, sale of an apartment, relocation: features of the discharge
• Registration of a child at a new address

Legislative framework of the child

The Civil Code defines who is considered a minor, what rights they have and when parents or other adults must act in the interests of children.

/prava/prava-deti/

Rights of children under 18

The Housing Code describes when a child loses the right to use an apartment, that is, the right to live in it and be registered.

The Family Code explains how the rights of mom and dad relate to where the child is registered and lives.

The Code of Civil Procedure establishes the procedure for discharging a child from an apartment through a court.

There are also by-laws that detail the procedure for discharging a child if it does not go through a court. These are Decree of the Government of the Russian Federation No. 713 dated July 17, 1995 and Order No. 984 dated December 31, 2017 of the Ministry of Internal Affairs of Russia.

A minor is a person who is under 18 years of age. A minor is under the age of 14.

Art. 26, 28 of the Civil Code of the Russian Federation

Minors must be registered together with one of the parents, with an adoptive parent or guardian. It is adults who decide where a minor child is registered. Mom and dad have equal rights to this. If the parents do not agree, the address of residence and registration will be determined by the court.

Art. 20, 36 Civil Code of the Russian Federation

art. 65 SK RF

Minors over the age of 14 can choose their own place of registration. They can also agree or not to an extract from the apartment.

From the age of 16, a minor can live separately and with a residence permit not at the parents' address, but only when the parents agree to it.

At the age of 16, a teenager can also be emancipated with the consent of the parents or through the courts. After that, he will receive the right to subscribe and register independently. The only thing he will need for registration is the consent of the owner of the property.

If the child is the owner. If a child has a share in an apartment or the apartment belongs to him entirely, then he has the right to live in it and be registered.

If a minor owns several apartments or has shares in different apartments, then he can be registered at any address. Also, he may not be registered in his apartments at all, but be registered and live, for example, with relatives. But if the child loses such registration, then he will have the right to register in his apartment. It is impossible to deprive a child of this right: guardianship simply will not allow the child’s apartment to be sold without buying an equivalent or more spacious one. But in this case, the child will have the right to register at a different address.

To discharge a child from an apartment, parents do not need to obtain guardianship consent, but for the sale of the child's share, they do.

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Strangers will not be able to discharge a child from his own apartment.

If the child is not the owner. If the apartment belongs to the parents or one of the parents of the child, then the child has the right to live and be registered in such an apartment, even if there is no share. Reason: the child is a member of the owner's family.

Only parents can discharge a child. They can do this if, for example, they donate or sell an apartment, exchange it for another, or if the apartment is taken from their parents for debts through the court. The consent of the guardian to deregistration is not needed, because the child is not the owner. It is enough to come to the passport office and fill out an application for deregistration.

Art. 247, 235, 292 of the Civil Code of the Russian Federation

Strangers, for example, neighbors in a communal apartment, will not be able to discharge someone else's child. After all, he will not cease to be a member of his parent's family, which means he cannot lose the right to live with mom or dad.

Here is an incident that happened in the Yaroslavl region. The woman asked the court to discharge her neighbor and his minor daughter from the apartment. Previously, this man and his brother each inherited half of the apartment. The man registered his child in the apartment, but then he left to work in another city, and the daughter began to live with her mother - also at a different address. The neighbor, to whom the man's brother gave his half of the apartment, demanded to deregister other tenants - they don't live anyway.

The court refused the woman: the man, as the owner of half of the apartment, had the right to register, and the girl could be registered in the apartment as the daughter of the owner.

The woman filed an appeal, but the Yaroslavl Regional Court upheld the decision.

If the owner of the apartment has changed and the child is not a family member of the new owner, then the latter can discharge someone else's child through the court. Sometimes two claims are made at once - to write out and evict. In such situations, the prosecutor and guardianship are involved in the proceedings.

Art. 35 ZhK RF

Art. 78 SK RF

In Perm, a man bought a four-room apartment from a large family. The agreement stipulated the condition that parents and children would be deregistered within a month. The family left, but did not check out. The man went to court, and the court discharged the former owners, including their minor children.

It happens that parents are looking for ways to write a child out of an apartment bought before marriage - for example, in the event of a divorce. To do this, the father gives an apartment to his sister or brother, so that they discharge the child through the court, and then they draw up a second donation and return the apartment to the father. It doesn’t make much sense: as soon as the father registers housing for himself, the child will again receive the right to register in this apartment. True, now the mother will have to prescribe the child through the court, because without the consent of the father, it simply cannot be done.

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Who will the child stay with after the divorce

Is it possible to discharge the child to nowhere. There are such cases in judicial practice.

In the Yaroslavl region, a man registered the daughter of his ex-wife with two minor children in an apartment, but bequeathed the apartment to his sister. After the death of the man, the heiress demanded to write out people who were strangers to her, who had never lived in the apartment. Although the mother objected that she had nowhere else to register the children, the court discharged them to nowhere. The judge explained that the registration was done formally, the place of residence of the children should be the place of residence of their parents, and the mother lives at a different address.

Is it possible to discharge a child without the consent of one of the parents. To remove a child from registration, the consent of the other parent is not required. But with the reverse process, there may be difficulties.

You can register a child without the consent of the other parent if the parents live together. And if separately, then in order to register a child with one of the parents, the consent of the second is required.

Mom and dad have equal rights to decide where the child will live. From the age of 10, the child himself has the right to express an opinion. If the parents do not agree, they can apply to guardianship or to the court. The court is more efficient: it will make a decision that will be binding on parents, bailiffs and the police.

Art. 61, 57, 65 Investigative Committee of the Russian Federation

Who has the right to discharge a child from an apartment

If you do not go to court, only their parent, guardian or guardian can administratively discharge minor children.

paragraph 2 of the administrative regulation, approved. by order of the Ministry of Internal Affairs, dated December 31, 2017 No. 984

If the child is 14 years old, he himself can apply for deregistration.

Strangers, such as a new owner of an apartment, can discharge children only through the court.

Where to contact

You can remove a child from the register through the MFC or the public services portal. Previously, it was possible to discharge a child and register him at a new address at the passport office of the management company or HOA. In some cities, managing organizations have retained passport officers, but in general, the role of passport offices is now performed by the migration departments of the Ministry of Internal Affairs. This is where the documents will go, regardless of how they were submitted: through the MFC, the website of public services or the Criminal Code.

MFC. Either parent's passport will be required, along with the child's passport or birth certificate. An application for an extract is filled out on the spot. The MFC will transfer the documents to the Migration Department of the Ministry of Internal Affairs, where they will be checked and returned with a mark of deregistration.

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Public services. Through the website of public services, they register for a personal appointment with the Migration Department of the Ministry of Internal Affairs. To make an appointment, you need to find the service: "Deregistration at the place of residence." Next, upload scans of documents, select the department of the Ministry of Internal Affairs and the time when you can come.

The Ministry of Internal Affairs will immediately check the documents and immediately put the necessary marks on the extract in the child's passport. There is no mark on the extract on the birth certificate.

Through the public services portal, you can submit one application to deregister all minor children at once. In this case, each child over 14 years old needs their own account on the public services website, where the child will approve the request from the site. But still, it's faster than filling out separate applications at the MFC.

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How to use the public services portal

The procedure for discharging a child from a private apartment with the consent of the parents

A private apartment is an apartment owned by a private person, and not by a city, region or state. Here's how to kick a child out of such an apartment if both parents agree to it.

Documents. To discharge a minor from an apartment, you will need:

1. Passport of either parent.
2. Child's passport if over 14 years old.
3. Birth certificate of the child, if under 14 years old.

Application. Application forms are available at the MFC and at the Migration Departments of the Ministry of Internal Affairs. Sometimes employees of these departments fill out applications themselves and only ask for signatures.

On the public services website, everything happens automatically: data about children and parents that are in the personal account will be loaded into the application.

Time and cost. You do not need to pay to discharge a child: there is no state duty for this service.

The terms depend on where you apply: directly through the Ministry of Internal Affairs, a minor will be removed from registration as soon as you arrive there. But the Ministry of Internal Affairs has three days to consider the application, and they may not be called for a personal appointment immediately.

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The MFC adds days to send documents. The maximum period from the moment of the first visit to the MFC is six days.

Peculiarities of the discharge of a child from a municipal apartment

Employers and members of the employer's family under a social employment agreement have an equal right to register and move their children into the apartment. This does not require the consent of other people registered in the apartment or the owner of the apartment - the municipality.

Art. 69, 70 ZhK RF

The process of discharge of children is the same for privatized and municipal apartments. It is generally accepted that the consequences are different: as if if a child is discharged from a municipal apartment, he will lose the right to privatization. But this is not so.

The possibility of privatization is connected not only with registration in an apartment, but also with the right to live in it. It is also important what is indicated in the contract with the administration.

/instrukciya-dlya-privatizacii/

How to privatize an apartment

First, the administration concludes an agreement with tenants and transfers municipal housing to them for use. During privatization, a second contract is drawn up, according to which the apartment becomes the property of tenants. A party to this agreement will also be minors who have the right to live in an apartment with their parents.

Art. 7 of the law on privatization

Several options are possible:

1. if the parents are registered in a municipal apartment, then the child will definitely be able to participate in privatization, even if he lives or is registered elsewhere;
2. if the parents have been discharged, but the child lives in a municipal apartment, he will also be able to participate in privatization. And even if the child is discharged, but in reality he will live in an apartment, he will still retain the right to privatization;
3. if the parents and the child have left the municipal apartment, and no one actually lives there, then in this case the child will lose the right to privatization;
4. if the parents and the child moved from the municipal apartment to another permanent place of residence, this is considered a termination of the social tenancy agreement. If none of the parents is registered in the municipal apartment after the move, the children will lose the right to reside. And, accordingly, the right to privatization.

In judicial practice, the following situation often occurs: a mother and father are suing because the child was allegedly deprived of the right to privatization, since the father checked out of the municipal apartment and discharged the child without the consent of the mother.

In fact, registering a child here is a secondary issue. While the father is registered and lives in a municipal apartment, that is, he is one of the tenants, the child retains the right to reside and privatize. But at any moment, the father can discharge himself and discharge the children without the consent of the mother.

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If the mother retains a residence permit in the same apartment, or at least she just lives there, the child still has the right to live in the same apartment and participate in privatization. But if the mother also checked out or left to live permanently in another place and thus terminated the social lease agreement, it turns out that nothing more connects the child with the municipal apartment either.

The court of Samara refused a woman who demanded to restore her son's registration in a municipal apartment. When the child was one year old, his mother left this apartment with him, the boy went to school at a different address. The father checked out of the apartment and discharged his son, but it didn’t matter anymore: the child, even at the time of the move, lost his rights under a social contract of employment - by the very fact of changing his permanent place of residence, he lost the opportunity to live in an apartment and privatize it.

How to discharge a minor in court

Since parents can discharge their children without a trial, strangers apply to the court. This happens, for example, after the purchase and sale of an apartment, if there are problems with the registration of sellers. As a rule, simultaneously with the demand to remove the minor from the register, the claim asks to recognize the child as having lost the right to use the apartment and to evict him if he continues to live there.

A claim for the discharge of a child is filed with a district or city court at the address of the disputed apartment in which the child is registered.

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Grounds for deregistration. The law on the right to freedom of movement spells out the grounds on which the court can discharge the child. Here they are:

1. if the child loses the right to use the apartment, for example, the apartment is sold and neither the child nor his parents own it anymore;
2. if the child disappears and nothing is known about him for a year. In circumstances suggesting possible death - within six months;
3. if the child was registered under false documents or was registered fictitiously.

Documents. Here are the documents that must be attached to the statement of claim in order to remove someone else's child from the register:

1. Receipt of payment of the state fee - 300 R for each person who needs to be discharged.
2. Power of attorney from the owner or several owners, if the claim is filed by a representative, such as a lawyer.
3. An extract from the USRN, which lists the owners of the property. Based on the extract, the judge will understand who has the right to live in the apartment and be registered there. If the housing is municipal, instead of an extract from the USRN, you need a social contract of employment.
4. Certificate of registration of people in the apartment: it can be obtained through the public services website or at the MFC. In Moscow and the Moscow Region, instead of such a certificate, they issue a Unified Housing Document - EZhD. For ERR, you need to contact the MFC or the Unified Information and Settlement Center. EZhD or certificate in form No. 9confirm that the children are indeed registered at the disputed address.
5. Postal receipt confirming that a copy of the claim has been sent to the defendant and third parties. The defendant will be either of the parents of the minor. The third party is the Migration Department of the district Ministry of Internal Affairs, which will have to discharge the child by a court decision. If we are also talking about the eviction of a child, guardianship and the prosecutor's office will also be third parties. Instead of a postal receipt, you can bring the returned notification of delivery of documents to the addressee. A copy of the claim with a signature on receipt is also suitable if you managed to hand over the document in person.

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Timing. District courts hear claims within two months from the date the claim was filed.

If the court decides to remove the child from the register, it will enter into force one month after the reasoned part of the decision is drawn up. And if the parents appeal the decision, but achieve nothing, then it will come into force on the day when the higher court refuses to satisfy the complaint.

Art. 209 Code of Civil Procedure of the Russian Federation

Art. 321 of the Civil Code of the Russian Federation

In which cases the court cannot discharge the child

The court will not discharge the child if there are no grounds. For example, if a child or one of his parents owns part of a house or apartment, this means that the child has the right to live and be registered there.

Occasionally, in judicial practice, there are cases when people have already left the apartment, which means that there was simply no need to go to court.

/garage-sochi/

How we live in a garage in Sochi with two children

Peculiarities of a child being discharged from an apartment in certain cases

In the event of a divorce. The Plenum of the Supreme Court of the Russian Federation explained that the child retains the right to live and be registered in the apartment of either parent, even if the parents are divorced. This right of the child follows from a similar right of the parent who owns the housing.

That is, divorce does not mean that the child will be left without registration and place of residence.

/no-help-and-inheritance/

“Live like on a volcano”: 5 stories about family disputes over housing

When selling an apartment. The Constitutional Court of the Russian Federation explained that the courts should proceed from the following: parents can be trusted and they will act in good faith in relation to their children.

Therefore, the consent of the guardian is not required for the sale of an apartment in which minors live if the apartment belongs to the parents or other relatives of the children. Children can be discharged without additional approvals.

But if the apartment or part of it belongs to the minors themselves, then the consent of the guardian for the sale is required. Guardianship will make sure that the children are not left without housing: a permit for the sale will be given only on the condition that another apartment is bought with an area for children no less than the one that was.

Art. 21 Federal Law on guardianship

When moving to another city or country. If the children have moved to another city, it is enough to apply for registration at a new address, and the registration at the old address will be removed automatically. One department of the Ministry of Internal Affairs will transfer information to another.

If the child moves from Russia to another country, it is better to check out in advance. A scheme through the public services website, which we talked about above, will do.

/guide/propiska-po-mestu-jitelstva/

How to make a permanent registration

Registration of a child in a new place of residence

There are two options for registering a child in a new place.

If the child's parents are registered at the same address. To register a child at the same address, a statement from one of the parents is sufficient. Nothing else is needed.

If parents live at different addresses. To register a child at a new place of residence, the consent of both parents is needed: mom and dad will have to come to the Ministry of Internal Affairs and sign documents - this will be consent.

By law, both parents have the right to decide where the child will live, and the place of residence of the child is the address of the parents. Ideally, in a conflict situation, conclude an amicable agreement on determining the place of residence of the child and, with an agreement, come to the Ministry of Internal Affairs for registration.

Example of a settlement agreement between parents to determine the place of residence of the childDOCX, 8K

This will avoid a situation where the other parent will object and want the child to be registered with him.

A woman from the Moscow Region has been suing the Ministry of Internal Affairs for a whole year, which refused to register her son in an apartment where she owned ⅙ part. The mother failed to obtain the consent of the father. The court considered the refusal legal: the Ministry of Internal Affairs has no right to determine the place of residence of the child, and the father of the child did not express his position on registering the child with the mother. The Moscow Regional Court confirmed that without the consent of the father, a child cannot be registered where the father does not live.

Remember

1. One of the parents or another legal representative, such as a guardian, can discharge the child from the apartment. None of them should justify the decision.
2. If the child is not the owner of the apartment, then the parents can discharge him without the consent of the guardianship authorities.
3. Strangers can write someone else's child out of their apartment, but only through the court. The court will not discharge the child if he has the right to use this apartment, because he or one of the parents owns part of the housing.
4. A minor may lose the right to privatization if he leaves the municipal apartment for a permanent place of residence at a different address. At the same time, the child will retain the right to privatization if one of the parents writes him out of the apartment, but the child remains to live there, or if one of the parents remains registered in the apartment.
5. If the child's parents are divorced and separated, the child will not lose the right to be registered in the apartment of the parent who lives separately.

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